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Conduct that constitutes an illegal use of another's patented invention where the infringer has no reasonable basis for believing that its actions are legal (i.e., infringement when the infringer knew of the patent and had no reasonable basis for believing that it either did not infringe the patent or that the patent was invalid or unenforceable). A finding of willful infringement is a basis for increasing damages up to treble the actual amount and/or the award of attorneys' fees to the prevailing party. Good-faith reliance on the advice of counsel can be relevant to the issue of whether an infringement was willful.
- Browse Related Terms: apportionment of profit, attorneys' fees award, exceptional case, indefiniteness of claim, Indemnity from Suit, Inducement to Infringe, lost profits, prejudgment interest, profits, royalty (reasonable royalty), willful infringement
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World Intellectual Property Organization, an agency of the United Nations, that acts as a coordinating body for patent systems and procedures, as well as for trademark and copyright matters. MPEP 1801.
- Browse Related Terms: assignment, bailment, Cross License, due diligence terms, exclusive license, Field of Use, field of use license, General Agreement on Tariffs and Trade (GATT), ipr hygiene, license, licensee, licensor, Misuse, Patent Owner, Property, technology licensing, Technology Manager, WIPO, Worked or Working
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All > Law > Intellectual Property > Patent
The permanent abandonment of a PCT patent application either before or after publication. Priority claims as well as elections of States and the Demand may also be withdrawn. MPEP 1859, MPEP 1880.
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When one is specifically hired to complete a task, such as write a discrete computer program, the resulting product is said to be a Work-for-Hire and thus owned by the individual or organization who paid for the work.
- Browse Related Terms: Bar, Statutory, Experimental Use, on sale, Prior Public Use, Public Sale, Public Use, royalty, Statutory Bar, work-for-hire
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The condition of having met a country's requirement that an invention be put to use in some way. Most countries require "working" of a patent within a specified time after grant. Conditions for "working" requirements vary widely, from publication of availability of licenses to actual manufacture or sale of a product that embodies the claimed invention.
- Browse Related Terms: assignment, bailment, Cross License, due diligence terms, exclusive license, Field of Use, field of use license, General Agreement on Tariffs and Trade (GATT), ipr hygiene, license, licensee, licensor, Misuse, Patent Owner, Property, technology licensing, Technology Manager, WIPO, Worked or Working
All > Law > Intellectual Property > Patent
A description (disclosure) of an invention that is written in a patent application. A requirement that a patent application clearly convey what the inventor(s) considered his/her/their invention to be to a person skilled in the art. MPEP 2163.
- Browse Related Terms: Application, Disclosure, enablement, how to make, inoperativeness, Invention Disclosure, Undue Experimentation, Unreasonable Experimentation, Written Description